Gordon Clay
Brookings, OR

 On January 19, 2016, I sent the district and all board members an email recommending postponing the first reading of board policy JFCF and JFCF-AR. They passed the first reading without revisions.

Since I didn't get any response from the board, of acknowledgment that anyone had received and/or read the email, and since both policies appear on today's agenda for the 2nd and final reading, I am making my objections known at this time on public record.

Quote: "OSBA does not assume or and disclaims any and all responsibility for the accuracy, legality and content of Brookings-Harbor District school policies on the web site."

 It had taken since July 1, 2009 to get OSBA to include provisions in the policy to be compliant with SB 2599 and ORS 339.356

In this revision, in your board packet OSBA has taken steps to weaken not strengthen the board policy by removing those items, some without informing the board of their removal.

 One: Definition for "District" They removed "at official bus, school bus stops" as locations where the district has authority as stipulated in SB 2599. Rick Stuckey of OSBA had previously said quote "legal staff recommended against this as it extends district responsibilities to unsupervised, off-site premises." Unquote. However, those are the law.

 3 If Hazing and Menacing are kept in, they should be included in the retaliation, training programs, and cyberbullying sections.

4. Cyberbullying was cut from 50 words to 13 words (a mistake that should be re ah recrified) and includes instructions for employees which that actually should be in GBNA. The two policies were split and...between students and staff and these sections in this current policy should be in the GBNA section.

5. Domestic Violence definition consider including definition like other definitions in the document.

6. Reporting: OSBA replaced, without notificatiion of the changes to the board, employees "must report" with employees "shall repocations without notification of the changes to the board.rt" in two lo In Leslie Fisher's opinion "OSBA continues to use "shall report" as a direct for the school employee. Again school employee. The use of the word shall indicate mandatory reporting." However, that is not the law. The law says "must".

Domestic violence oh, JFCF-AR should be part of the title to match JFCF.

Step 1 - OSBA removed a students ability to report anonymously

Step 2 Quote "The investigator has five-working days to arrange the meetings after receipt of the complaint." Unquuote. In KL-AR that time includes the presentation of witnesses and the notification to the complainant when the investigation is concluded. That should be cla ah clarified in JFCF-AR.

OSBA has replaced "principal and superintendent" with "district official" and removed any reference to the Title IX Coordinator to receive the complaint According to law, the school official receiving the report, investigating the report, and insuring policy implem, implementation all must be Identify by titled.

OSBA removed the requirement that an invest.., investigator be a neutral party.

OSBA removed step 5 without noting that policy changeto you. I recommend using step.. this step found in KL-AR, when a complaint is not resolved at the Board level.

The law also states quote "How to file a complaint must be provided to a person at the time the school first discovers that the person may have experienced an act of bullying, etc...." Unquote. I have yet to find a complainant who reports having this done with them. They are never told they ahve that option.

I hope you have received a written statement from OSBA that it is okay to disregard the law and ORSs. In addition, I hope the district has retained separate legal council, other than that of OSBA or Pace, that agrees with OSBA. If not I suggest postponing a 2nd reading on these two policies until that time or according to SB-1555 Quote "A school district that does not comply with the requirements of this section is considered noncompliant under ORS 327.103."

Remember, the school, the buck stops at the school board and no one else.

Also in the voluneter handbook I didn't see a matrix for criminal behavior and wanted to know, would like to see what that is and if it include DUI? Thank you.

717

 What the minutes say

Gordon Clay stated that on January 19 he had requested postponing the first reading of JFCF and JFCF-AR. Because they appear on the board agenda he wants it publicly known that he is objecting the policies. Gordon stated OSBA is weakening the policy with their recommendations. Gordon commented on official school bus stops, hazing and menacing, cyber bullying, domestic policies, reporting, domestic violence, removed reference to title IX in part of the complaint process. Gordon added that he hopes the district has received separate legal